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CHEN v. MUKASEY

No. 06-71430.

524 F.3d 1028 (2008)

Qing Li CHEN, Petitioner, v. Michael B. MUKASEY, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed May 2, 2008.

Attorney(s) appearing for the Case

Joshua E. Bardavid and Patricia S. Mann, Law Offices of Theodore N. Cox, New York, NY, for the petitioner.

Anh-Thu P. Mai and Lyle D. Jentzer, Department of Justice, Civil Division, Office of Immigration Litigation, Washington, DC, for the respondent.

Before: WILLIAM C. CANBY, JR., SUSAN P. GRABER, and RONALD M. GOULD, Circuit Judges.

CANBY, Circuit Judge:

Petitioner Qing Li Chen is a citizen of China who is subject to a final order of removal. She seeks to file an application for asylum based on a change in her personal circumstances. The Board of Immigration Appeals ("BIA") held that such an application could be presented only as part of a motion to reopen her removal proceedings. The BIA then denied the motion to reopen because it exceeded the limits...

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